BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 813
                                                                  Page  1

          Date of Hearing:   May 18, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 813 (Fletcher) - As Amended:  May 11, 2011

          Policy Committee:                              Public 
          SafetyVote:  7-0
                        Judiciary                             9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill:

          1)Specifies that Sex Offender Management Board members are 
            immune from liability for good-faith conduct taken under their 
            legislative mandate.  

          2)Requires persons submitting an application for certification 
            as a sex offender management professional to do so under 
            penalty of perjury.  

          3)Provides that certified sex offender management professionals, 
            who provide sex offender management programs and risk 
            assessments, shall not be held civilly liable for any criminal 
            acts committed by persons on parole, probation, or judicial 
            commitment who receive supervision or treatment.   

           FISCAL EFFECT  

          Minor state costs, if any. To the extent this bill results in 
          additional perjury charges and/or convictions, it is possible 
          there could be increased state incarceration costs. It is, 
          however, unlikely this bill would result in multiple perjury 
          convictions. 

           COMMENTS  

           1)Rationale  . According to the author, "AB 813 will help the Sex 
            Offender Management Board perform its role in protecting 
            public safety by providing technical amendments and 








                                                                  AB 813
                                                                  Page  2

            clarification within the Penal Code, and by limiting legal 
            liability for treatment providers and the Board for good faith 
            conduct performed pursuant to sex offender management."

           2)Support.  According to the Chief Probation Officers of 
            California, this bill will help the Sex Offender Management 
            Board perform its role in protecting public safety by limiting 
            legal liability for treatment providers for good faith conduct 
            performed pursuant to sex offender management.

           3)The author has technical amendments  . 


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081